PHILIPPINE CONSTITUTION

& GOVERNMENT
WEEK 14-15
 WHAT IS A SECOND COMMONWEALTH
Table Of CONSTITUTION? REPUBLIC & THIRD REPUBLIC
THE NEW
Contents COMMONWEALTH
& THIRD REPUBLIC FOURTH
BACKGROUND OF
SOCIETY AND THE
THE 1987
CONSTITUTION
REPUBLIC
what is a constitution?
is a body of fundamental rules and
maxims by which the powers of
government are defined by the
sovereign and in accordance with
which those powers are habitually
exercised. It is the supreme,
fundamental law of the land.
 HISTORY OF
PHILLIPINE
CONSTITUTION
Constitution of Biak-na-Bato (1897)

The Katipunan revolution led to the Tejeros Convention where, at San Francisco de Malabón,
Cavite, on 22 March 1897, the first presidential and vice-presidential elections in Philippine history
were held—although only the Katipuneros (members of the Katipunan) were able to take part, and
not the general populace.

A later meeting of the revolutionary government established there, held on 1 November 1897 at
Biak-na-Bato in the town of San Miguel de Mayumo in Bulacán, established the Republic of Biak-
na-Bato. The republic had a constitution drafted by Isabelo Artacho and Félix Ferrer and based on
the first Cuban Constitution.
Malolos The Malolos Constitution was the first republican
constitution in Asia. It declared that sovereignty resides

Constitution (1899) exclusively in the people, stated basic civil rights,

separated the church and state, and called for the creation
of an Assembly of Representatives to act as the
legislative body. It also called for a Presidential form of
government with the president elected for a term of four
years by a majority of the Assembly.
 Commonwealth and Third Republic
(1935)
The 1935 Constitution was written in 1934, approved and adopted by
the Commonwealth of the Philippines
(1935–1946) and later used by the Third Republic of the Philippines
(1946–1972). It was written with an eye to
meeting the approval of the United States Government as well, so as to
ensure that the U.S. would live up to its
promise to grant the Philippines independence and not have a premise
to hold onto its "possession" on the
grounds that it was too politically immature and hence unready for full,
real independence.
Commonwealth and Third Republic (1935)

The original 1935 Constitution provided for unicameral National Assembly and the President was
elected to a six-year term without re-election. It was amended in 1940 to have a bicameral Congress
composed of a Senate and House of Representatives, as well the creation of an independent electoral
commission. The Constitution now granted the President a four-year term with a maximum of two
consecutive terms in office. A Constitutional Convention was held in 1971 to rewrite the 1935
Constitution. The convention was stained with manifest bribery and corruption. Possibly the most
controversial issue was removing the presidential term limit so that Ferdinand E. Marcos could seek
election for a third term, which many felt was the true reason for which the convention was called. In
any case, the 1935 Constitution was suspended in 1972 with Marcos' proclamation of martial law, the
rampant corruption of the constitutional process providing him with one of his major premises for doing
so.
Second Republic (1943
The 1943 Constitution was drafted by a committee appointed by the
Philippine Executive Commission, the body established by the Japanese
to administer the Philippines in lieu of the Commonwealth of the
Philippines which had established a government-in-exile. The
Preparatory Committee for Philippine Independence tasked with drafting
a new constitution was composed in large part, of members of the prewar
National Assembly and of individuals with experience as delegates to the
convention that had drafted the 1935 Constitution.
 Second Republic (1943)
Upon approval of the draft by the Committee, the new charter was ratified in 1943 by an
assembly of appointed, provincial representatives of the KALIBAPI, the organization
established by the Japanese to supplant all previous political parties. Upon ratification by the
KALIBAPI assembly, the Second Republic was formally proclaimed (1943–1945). José P.
Laurel was appointed as President by the National Assembly and inaugurated into office in
October 1943. Laurel was highly regarded by the Japanese for having openly criticized the
US for the way they ran the Philippines.
The 1943 Constitution remained in force in Japanese-controlled areas of the Philippines, but
was never recognized as legitimate or binding by the governments of the United States or of
the Commonwealth of the
Philippines and guerrilla organizations loyal to them. His government inturn went into exile
in December, 1944, first to Taiwan and then Japan. After the announcement of Japan's
surrender, Laurel formally proclaimed the Second Republic as dissolved.
The New Society and the Fourth Republic (1973)

The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to
introduce a parliamentary-style government. Legislative power was vested in a National Assembly
whose members were elected for six-year terms. The President was ideally supposed to be elected as
the symbolic and purely ceremonial head of state from the Members of the National Assembly for a
six-year term and could be re-elected to an unlimited number of terms. Upon election, the President
ceased to be a member of the National Assembly.

During his term, the President was not allowed to be a member of a political party or hold any other
office.
 The 1976 amendments were:

an Interim Batasang Pambansa (IBP) substituting for the Interim National

Assembly

the President would also become the Prime Minister and he would continue
to exercise legislative powers
until martial law should have been lifted.
 The Sixth Amendment authorized the
President to legislate:
• Executive power was restored to the President;
• Direct election of the President was restored;
• Created to "assist the President in the exercise of his powers and functions
and in the performance of his duties as he may prescribe;" and the Prime
Minister was a mere head of the Cabinet.
• Further, the amendments instituted electoral reforms and provided that a
natural born citizen of the Philippines who has lost his citizenship may be a
transferee of private land for use by him as his residence.
 Following the EDSA People Power Revolution that

The 1986 Freedom removed President Ferdinand E. Marcos from

office, the new President, Corazon C. Aquino issued

Constitution Proclamation No. 3 as a provisional constitution. It

adopted certain provisions from the 1973
Constitution and granted the President broad powers
to reorganize this government and remove officials
from office, and mandated that the president would
appoint a commission to draft a new
constitution.
 Background of the 1987 Constitution
In 1986, following the People Power Revolution which removed Ferdinand E. Marcos from power,
Corazon C. Aquino issued Proclamation No. 3, declaring a national policy to implement reforms
mandated by the people, protect fundamental rights, adopt a provisional constitution, and provide
for an orderly transition to a government under a new constitution. Aquino appointed 50 members
to a Constitutional Commission, which was tasked with framing a new constitution to replace the
1973 Constitution. The Commission completed its task in four months, and the draft constitution
was presented to Aquino on October 15, 1986. After a nationwide information campaign, a
plebiscite for its ratification was held on February 2, 1987, and over three-fourths of all votes cast
favored ratification. On February 11, 1987, the new constitution was proclaimed ratified and took
effect.
Significant Features of the 1987
Constitution
The Constitution of the Philippines establishes the country as a democratic and republican state,
with sovereignty residing in the people and government authority emanating from them. The
three branches of government are the Executive branch, the Legislative branch, and the Judicial
branch, with the President and members of Congress directly elected by the people, and Supreme
Court justices appointed by the President from a list formed by the Judicial and Bar Council.
Congress enacts laws, subject to the veto power of the President, which may be overturned by a
two-thirds vote of Congress. The President is also recognized as the commander-in-chief of the
armed forces, while the courts are granted the power of judicial review. The Constitution also
establishes limited political autonomy to local government units. The Bill of Rights occupies a
position of primacy in the fundamental law, and its provisions have largely been determined by
Philippine Supreme Court decisions. The scope and limitations to these rights have been the
subject of considerable debate in the legal sphere and within the Supreme Court.
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES
SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in
the people and all government authority emanates from them.

SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and adheres
to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES
SECTION 3. Civilian authority is, at all times, supreme over the military. The Armed
Forces of the Philippines is the protector of the people and the State. Its goal is to secure
the sovereignty of the State and the integrity of the national territory.

SECTION 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law, to render personal military or
civil service.
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES
SECTION 5. The maintenance of peace and order, the protection of life, liberty, and
property, and the promotion of the general welfare are essential for the enjoyment by all
the people of the blessings of
democracy.

SECTION 6. The separation of Church and State shall be inviolable.

ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES
SECTION 7. The State shall pursue an independent foreign policy. In its relations with
other states the paramount consideration shall be national sovereignty, territorial integrity,
national interest, and the
right to self-determination.

SECTION 8. The Philippines, consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory.
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES
SECTION 9. The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through
policies that provide adequate
social services, promote full employment, a rising standard of living, and an improved
quality of life for all.

SECTION 10. The State shall promote social justice in all phases of national development.
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES
SECTION 11. The State values the dignity of every human person and guarantees full
respect for human rights.

SECTION 12. The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother and
the life of the unborn from conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral character shall receive the
support of the Government.
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES
SECTION 13. The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage their involvement in public and
civic affairs.

SECTION 14. The State recognizes the role of women in nation-building, and shall ensure
the fundamental equality before the law of women and men.
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES

SECTION 15. The State shall protect and promote the right to health of the people and instill
health consciousness among them.

SECTION 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES
SECTION 17. The State shall give priority to education, science and technology, arts, culture,
and sports to foster patriotism and nationalism, accelerate social progress, and promote total
human liberation and development.

SECTION 18. The State affirms labor as a primary social economic force. It shall protect
the rights of workers and promote their welfare.
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES
SECTION 19. The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.

SECTION 20. The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments.
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES
SECTION 21. The State shall promote comprehensive rural development and agrarian
reform.

SECTION 22. The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES
SECTION 23. The State shall encourage non-governmental, community-based, or sectoral
organizations that promote the welfare of the nation.

SECTION 24. The State recognizes the vital role of communication and information in
nation-building.
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES
SECTION 25. The State shall ensure the autonomy of local governments.

SECTION 26. The State shall guarantee equal access to opportunities for public service,
and prohibit political dynasties as may be defined by law.
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICIES
SECTION 27. The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.

SECTION 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public
interest.
 Modern Katipunan Members:

GO, CHERIE MAE A.

IZON, ANTHONY JARILLA, JAN

ANDREI C. ISABELLE F.

LEONARDO,
JUSAY, MANOSO, MILARPIZ,
MICHAEL
MICHELLE B. ANGELINE A. KYLA J.
ANGELO D.L.
 Members
PALACIO, KRISHEENA
OREPOL, IVAN REGZ PARAS,
GAILE O.
R. MICAELLA A.

PIQUERO,
PERERAS,
PAUNIL, HANAH
PAULA
KHAYE N. KRISHUA MAE
GABRIELLE F.
A.

PRAICO, ROXAS, MA.

RACINES SALONGA,
JOHANNA JAHNEL
QUENNETH MARVIN ACE
GRACE C. REVIBES
QUIZ
1.It also called for a Presidential form of government with the president elected for a term of four
years by a majority of the Assembly.

2.In 1986 freedom constitution, who was the president that issued Proclamation No. 3 as a
provisional constitution.

3.This section No. states that the state recognizes the vital role of communication and information
in nation-building.

4.Aquino appointed ___ members to a Constitutional Commission, which was tasked with framing
a new constitution to replace the 1973 Constitution.

5._______ was appointed as President by the National Assembly and inaugurated into office in
October 1943
QUIZ
6-7.The republic had a constitution drafted by _______and ______ and based on the first Cuban
Constitution.

8.It is a body of fundamental rules and maxims by which the powers of government are defined by
the sovereign and in accordance with which those powers are habitually exercised.

9.This is the organization established by the Japanese to supplant all previous political parties.

10. this section number’s goal is to secure the sovereignty of the State and the integrity of the
national territory.
ANSWERS
1.Malolos Constitution (1899)
2.Corazon C. Aquino
3.Section 24
4.50 members
5.Jose P. Laurel
6-7. Isabelo Artacho and Felix Ferrer
8. Constitution
9. KALIBAPI
10. Section no. 3